Criminal Law Questions? Ask a Criminal Lawyer.
Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating so all that means is that you can count on me to help today. The answer to your question is yes, you can be arrested without having the warrant actually served. The reason is because the bench warrant is only going to be issued if the suspect fail to comply with some previous court order like a court appearance for example. Therefore, the police can treat it like any other arrest warrant where they will not notify the suspect ahead of time. They will simply just execute the warrant as they normally would. I'm sorry to hear about your situation.
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It is entirely possible that it could be a misunderstanding. Police Departments and courts get these things wrong all of the time. It is very possible that they have somebody who has a similar description and perhaps a similar name. It is also possible that the address that he is living at is the same as the person that they are looking for. For example, he could be living in the place where the suspect that they are looking for live previously.Plus, it is possible that the warrant was just issued sometime between December 2016 and now. Did you have any other questions for me?